Articles

Asserting a Claim for Misappropriation of Negative Know-How

IP Litigator
March 1, 2009

Williamson, John M.

Article

This article, by Finnegan attorney John Williamson, concerns negative know-how, a type of trade secret related to manufacturing processes or research and development efforts that generally represent the collective knowledge of what does not work. Because of its abstract nature, negative know-how is often overlooked when evaluating trade secrets. Williamson sets out to review reported cases of negative know-how in a trade secrets misappropriation context in order to demonstrate that negative know-how can be an important part of a successful litigation strategy.